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ACIT vs. Marico Ltd (Supreme Court)
S. 147: The reasons in support of the s. 148 notice is the very issue in respect of which the AO had raised a query during the assessment proceedings and the Petitioner had responded justifying its stand. The non-rejection of the explanation in the Assessment Order amounts to the AO accepting the view of the assessee, thus taking a view/forming an opinion. In these circumstances, the reasons in support of the notice proceed on a mere change of opinion and would be completely without jurisdiction The non-rejection of the explanation in the Assessment Order would amount to the Assessing Officer accepting the view of the assessee, thus taking a view/forming an opinion. Therefore, in these circumstances, the reasons in support of the impugned notice proceed on a mere change of opinion and therefore would be completely without jurisdiction in the present facts
Immunity From Penalty & Prosecution – Dissection Of Section 270AA Of The Income-tax Act, 1961
Section 270AA of the Income-tax Act, 1961 provides taxpayers with immunity from imposition of penalty under section 270A and prosecution under sections 276C and 276CC of the Act. Advocate Sameer Bhatia has analyzed the provision in detail and explained its nuances. He has also advised on the circumstances in which assessees should, and should not, opt for the immunity and should instead choose to contest the penalty and prosecution on meritsImplications Of Jewellery Found During The Course Of Search U/s 132 Of The Income-tax Act, 1961
CAs Mukesh Dholakiya and Archit Sheth have explained the implications of a search and seizure action under section 132 of the Act from the point of view of jewellery which is found during the search. The rights and obligations of the assessee have been clearly spelt out alongwith a reference to all the relevant legislative provisions, judicial pronouncements and circulars of the CBDT. A pdf copy of the article is available for download See Also: Digest of case laws (updated regularly) containing latest judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
A Comprehensive Guide To E-Assessment – A Faceless, Nameless And Jurisdictionless Assessment
Advocates Mahendra Gargieya and Hemang Gargieya have prepared a comprehensive guide in which they have explained the entire law and procedure relating to e-assessments under the Income-tax Act, 1961. The ld. authors have also drawn on their experience and given practical tips on what precautions taxpayers should take to ensure proper representation. The guide will prove very useful to all taxpayers and professionals. A pdf copy of the guide is available for download__._,_.___
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